Labour Court of South Africa, Port Elizabeth

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57 judgments

Citation	Judgment date
March 2013
Arends and Others v SALGBC N.O. and Others (P107/12) [2013] ZALCPE 6 (1 March 2013) Non‑party employees cannot invoke s24 arbitration; dispute was contractual, so review dismissed. Labour law – LRA s24 – Disputes about collective agreements – Interpretation/application limited to parties to the agreement – Non-party employees are beneficiaries, not parties – Jurisdictional facts required before arbitration – Distinction between interpretation issue in a dispute and the true dispute – Review of jurisdictional ruling.	1 March 2013
February 2013
Botha v CCMA NO and Others (P160/11) [2013] ZALCPE 7 (22 February 2013) Arbitrator reasonably found no dismissal; review dismissed and applicant ordered to pay costs. Labour law – jurisdictional fact of dismissal – objective assessment of whether conduct constituted dismissal or repudiation; fixed-term/automatic appointment clauses; requisites for repudiation; review standards and awarding costs for ill-founded review applications.	22 February 2013
Makinana and Others v Albert Muller Harbron t/a Harbron Quarries and Goenendal Boerdery (P285/07) [2013] ZALCPE 8 (14 February 2013) Reported An unreviewed CCMA in limine ruling on employer identity is binding for trial unless set aside. Labour law – CCMA in limine determination of employer identity – jurisdictional fact for conciliation and certificate of non-resolution – unreviewed CCMA ruling binding for purposes of trial; Labour Court review available under s158(1)(g); hearsay objection to attorney’s affidavit dismissed.	14 February 2013
Mawethu Civils (Pty) Ltd and Another v National Union of Mineworkers and Others (P 562/11) [2013] ZALCPE 9 (12 February 2013) Reported Section 65(1)(c) LRA is to be read literally and does not bar strikes over disputes referable under other labour statutes. Labour law – strikes – section 65(1)(c) LRA – literal interpretation; disputes referable under other labour statutes (e.g. BCEA) fall outside s65(1)(c); certainty when limiting constitutional right to strike; entitlement to interdict strike.	12 February 2013
January 2013
Department of Correctional Services v General Public Service Sectoral and Others (P 340/09) [2013] ZALCPE 10 (24 January 2013) Default arbitration set aside for defective notice transmission and unauthorised deponent; matter remitted for rehearing. Labour law – review of default arbitration award; locus standi of deponent to opposing affidavit; review versus rescission; procedural fairness and notice under s138(5) and Rule 29; transmission of notice to incorrect fax as gross irregularity; admissibility/oath procedural irregularity not fatal.	24 January 2013
January 2012
Frans Meintjies. New Tyre Manufacturers v Bargaining Council and Others (P137/07) [2012] ZALCPE 1 (17 January 2012) Reported Review dismissed for want of prosecution; attorney negligence did not justify prolonged unexplained delay. Labour law — Review proceedings — Dismissal for want of prosecution/unreasonable delay — Length of delay, adequacy of explanation and party conduct — Limits to litigant escaping attorney’s negligence — respondent’s duty to place applicant on terms.	17 January 2012
South African Medical Association (SAMA) OBO Linda v Department of Health: Eastern Cape and Others (P483/07) [2012] ZALCPE 2 (17 January 2012) Failure to file the arbitration transcript resulted in dismissal of the review challenging scarce-skills allowance eligibility. Labour law – review of arbitration award – applicant’s duty under Rule 7A to furnish full arbitration transcript – failure to provide transcript/reconstruction warrants dismissal; scarce skills allowance – SMS exclusion and 50% clinical-work exception (merits not decided).	17 January 2012